SHIV NANDAN MAHTO versus STATE OF BIHAR & ORS.

Citation: [2013] 8 S.C.R. 62 · Decided: 08-07-2013 · Supreme Court of India · Bench: S.S. NIJJAR, RANJAN GOGOI · Disposal: Appeal(s) allowed

Judgment (excerpt)

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[2013] 8 S.C.R. 62 
A 
SHIV NANDAN MAHTO 
v. 
STATE OF BIHAR & ORS. 
(Civil Appeal No. 5306 of 2013) 
B 
JULY 8, 2013 
[SURINDER SINGH NIJJAR AND RANJAN GOGOi, JJ.] 
Service Law: 
c 
Back wages - Appointment as a clerk - In a school -
During an inspection, name of the appellant inadvertently 
shown as 'Librarian' - School taken-over by State - Services 
of the appellant not taken-over, because the post of 'Librarian' 
was not approved - On representation, directions by the 
D 
competent authority to adjust the appellant against the post 
of clerk in a school - Due to lack of vacancy, was not posted 
in any school - Writ petition seeking reinstatement and 
consequential benefits - Single Judge of High Court though 
directed his reinstatement with continuity of service, but 
E 
denied remuneration for the period when he had not worked -
Order of Single Judge confirmed in writ appeal, by Division 
Bench of High Court - Held: The appellant was entitled to full 
back wages for the period, he was illegally kept out of service, 
due to a mistake - Direction to pay the entire full backwages 
F 
from the period, he was kept out of service till reinstatement 
with 9% interest. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
5306 of 2013. 
G 
From the Judgment and Order dated 03.08.2011 of the 
High Court of Judicature at Patna in LP.A. Bo. 1859 of 2010. 
<\ 
Dinesh Chandra Pandey for the Appellant. 
j
H 
62 
~' 
SHIV NANDAN MAHTO v. STATE OF BIHAR & ORS. 
63 
Chandan Kumar (for Gopal Singh) for the Respondents. 
A 
The following order of the Court was delivered 
ORDER 
1. We have heard learned counsel for the parties. 
B 
2. Leave granted. 
3. The appellant was appointed against a permanent post 
of Clerk in the Raj Kishore Balika High School, Narhan, c 
Samastipur, Bihar on 31.12.1978. He joined on the said post 
on 1.1.1979. Subsequently, the aforesaid school was granted 
permission by the Directorate of Secondary Education vide 
office memo No. 31346 dated 19.11.1981 for establishment 
of the aforesaid school. The school was inspected by the 
special Board on 6.8.1982. In the inspection report, the name 
D 
of the appellant was inadvertently/wrongly shown as a Librarian. 
On coming to know of the aforesaid wrong entry, the appellant 
submitted a representation before the Directorate of Secondary 
Education seeking correction thereof. On 1.5.1983, the 
_, 
inspection committee submitted its report and confirmed that 
E 
the appellant had been working as a clerk since the very 
beginning in the aforesaid school. The school was taken over 
by the Government of Bihar on 2.8.1983 in terms of the 
provisions of Section 3 of the Bihar Non-Government 
Secondary Schools (Taking Over of Management and Control) 
F 
Act, 1981. The services of the appellant were not taken over, 
as his name was wrongly shown against the post of Librarian, 
which post was not approved. Aggrieved by the action of the 
respondent, the appellant submitted a representation before 
the Director, Secondary Education, Patna on 17.11.1983 and 
G 
,J~ 
the Director issued directions to adjust the appellant against 
the post of Clerk in a school in the aforesaid District. On 
3.2.1984, the Director, Secondary Education, Patna directed 
the posting of the appellant as Clerk in the High School, Virhan, 
..,.. 
H 
64 
SUPREME COURT REPORTS 
[2013) 8 S.C R 
A. 
Madhubani upon transfer of another teacher. However, it later 
transpires that there was no vacancy on the post of Clerk in the 
District. Therefore, directions were issued to adjust the 
appellant as and when vacancy is available. Since there was 
no post of Clerk in the High School Virhan, Madhubani, the 
B 
appellant was made to join the office of the District Education 
Officer, Virhan with effect from 3.3.1984 and allotted duties and 
work in the aforesaid office. Subsequently, directions were 
issued to post the appellant as a Clerk in a different school. It 
appears that due to lack of vacancy, the appellant was not 
C 
posted in any school for some time. The appellant again 
protested to the Director for not being given posting orders on 
the post of Clerk. It appears that the appellant was made a 
rolling stone for long period of time being shunted from school 
to school in an effort to locate a vacancy for him. In the 
0 
meantime, the appellant had not received any salary from any 
source. Ultimately, the appellant moved the High Court by way 
of Civil Writ Petition No. 516 of 1990 with a prayer 

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